OLI We raise the Bar Oregon Law Institute of Lewis by salazarcannon


We raise the Bar

Oregon Law Institute of Lewis & Clark Law School

Estate Planning
oday, the elderly account for an increasing percentage of the U.S. population as a result of nationwide improvements in health care, nutrition, and general living conditions. The “oldest old,” those aged 85 and over, make up the fastest growing segment of the population. This trend towards an elderly population explosion poses a variety of challenges to the lawyers who represent them. This program is designed for elderlaw attorneys, attorneys who represent professional and non-professional fiduciaries, trusts and estates lawyers, family lawyers, and general practitioners who represent clients who may have an impaired capacity to make decisions. It offers tools for planning for disability, as well as legal and medical perspectives on how to assess capacity.

for Protected Persons and People with Disabilities

Friday, december 1, 2006
Oregon Convention Center 777 NE Martin Luther King Jr., Blvd. Portland, Oregon 5 General and 1 E/B MCLE Credits


Estate Planning by Protected Persons
•	 Statutory	authority •	 Practice	tips	for	creating	an	estate	plan •	 Undue	influence/capacity	issues •	 Fiduciary’s	role	in	estate	plan

10:00	-	10:30

–	James	R.	Cartwright –	Garvin	Reiter –	Gary	L.	Vigna

Estate Planning in Protective Proceedings
•	 Can	a	fiduciary	arrange	for	a	protected	person	to	engage	in	 estate	planning? •	 Estate	planning	by	a	fiduciary:	Under	65	Disability	Trust •	 Creating	a	trust	in	a	protective	processing

10:30-	10:45	 10:45	-	11:30	

–	Richard	A.	Pagnano

Overview of Basic Tools for Planning for disability
	 The	following	are	“voluntary”	planning	tools.	Failure	to	have	 them	in	place	may	lead	to	the	“involuntary”	emergency	 tools	of	a	guardianship	or	conservatorship: •	 Powers	of	attorney	 •	 Oregon	advance	directives	 •	 POLST	forms	(Physician	Orders	for	Life-Sustaining	 Treatment) •	 Nominations	of	guardian	and	conservator	 •	 Revocable	living	trusts	with	customized	language	

11:30	-	12:00

–	Kristianne	Cox

Tax Issues for Fiduciaries
•	 Tax	returns	to	be	filed	by	trustees	or	attorneys	in	fact •	 Tax	returns	to	be	filed	by	a	guardian/conservator	in	a	 protective	proceeding •	 The	information	a	fiduciary	must	collect	in	order	to	prepare	 the	necessary	returns

12:00	-	1:00	 1:00	-	2:00	

–	Helen	Rives	Pruitt
LUNCh	BREAk	(optional	lunch	at	live	program)

Oops, I didn’t Think of That: UTC Provisions Applicable to disability Planning
•	 Notice	and	reporting •	 Representation •	 Modification •	 Standing


–	Hon.	Claudia	M.	Burton	 –	Susan	N.	Gary –	Heather	O.	Gilmore

SChEdULE (cont.)
2:00	-	2:30

’Til death do Us Part: Can a Protected Person Get Married or divorced?
•	 Fundamental	rights	of	a	protected	person	to	marry	or	 divorce •	 Legal	and	practical	considerations	in	dissolution	 proceedings	involving	protected	persons,	their	guardians,	 and	legal	counsel

2:30	-	2:45	 2:45	-	3:45

–	Julia	M.	Hagan

Legal and Medical Perspectives on Capacity Assessments in a Law Practice—When and how?
•	 Trends	in	capacity	assessment,	including	a	discussion	of	 the	2005	ABA/APA	joint	publication	Assessment	of	Older	 Adults	with	Diminished	Capacity:	A	Handbook	for	Lawyers,	 the	recent	California	development	of	a	lawyer	providing	 a	“Certificate	of	Independent	Review,”	and	Bernard	v.	 Foley	(California	Supreme	Court	8/21/2006),	a	trust	 amendment	challenge •	 The	role	of	medical	professionals	in	determining	capacity,	 including	when	to	refer,	what	assessment	tools	are	used,	 and	what	complicates	the	process

3:45	-	4:00 4:00	

–	Cynthia	L.	Barrrett	 –	Kevin	R.	Smith,	M.D.	

Questions and Answers

Program Faculty
Cynthia L. Barrett
Cynthia L. Barrett P.C.

Hon. Claudia M. Burton
Marion County Circuit Court Cartwright & Associates

James R. Cartwright Kristianne Cox
Attorney at Law Associate Dean for Academic Affairs and Professor of Law University of Oregon School of Law

Susan N. Gary

Heather O. Gilmore
Heather O. Gilmore P.C. Gevurtz Menashe Larson & Howe P.C. Program Co-Planner Davis Pagnano & Williams LLP

Julia M. Hagan

Richard A. Pagnano Helen Rives Pruitt
Meyer & Wyse LLP

Law Offices of Nay & Friedenberg Director, Geriatric Psychiatry Clinic, OSHU

Garvin Reiter

Kevin R. Smith, M.D. Gary L. Vigna
Harris & Vigna

Program Co-Planner Davis Pagnano & Williams LLP

Mark M. Williams

Live Presentation
Portland – 12/1/06 Oregon Convention Center 777 NE MLK Jr. Blvd.

video rePLays

Please register at least one week prior to the replay date. Bend – 12/15/06 Replay 8:30 a.m Bryant Lovlien & Jarvis 591 Mill View Way Eugene – 12/8/06 Replay 8:30 a.m. Harrang Long Gary & Rudnick, P.C. 360 East 10th Avenue, Ste. 300 Medford – 12/8/06 Replay 8:30 a.m. Kellington, Krack, Richmond, Blackhurst & Glatte, LLP 23 Newtown Street Portland – 12/20/06 Replay 9:00 a.m. Oregon Law Institute Gus J. Solomon Courthouse, 620 S.W. Main St., Suite 706

MCLe Credit

Estate Planning for Protected Persons and People with Disabilities will receive 5 General and 1 Elimination of Bias MCLE credits.

PrograM ProduCts

Even if you cannot attend, you can still get the program on audiotape, videotape, CD or DVD. Use the order form in this brochure to order your set today! OLI Annual Passholders may purchase OLI program products at 50% off the full retail price.


Please call OLI at (503) 768-6580 in Portland or toll-free in Oregon at (800) 222-8213, e-mail us at oli@lclark.edu; or visit our Web site at www.lclark.edu/org/oli.

R E G I S T R AT I O N 	 / 	 O R D E R 	 F O R M

Estate Planning for Protected Persons and People with Disabilities
Friday,	December	1,	2006

Name OSB No. or Profession


Street Address City/State/Zip

Phone Fax E-Mail

Please “3” appropriate box below: q	 Live presentation

q	 Video replay. Location: ______________________________________

Date:_________________________ Please register at least one week prior to the replay date.

uition (Prices apply to live and video replays.) q	 $159 “Early Bird” tuition (received by November 27, 2006). q	 $119 “Early Bird” tuition for new attorneys (admitted 2005–2006), paralegals, or secretaries (received by November 27, 2006). q	 $80 Legal aid attorneys and judges (received by November 27, 2006). q	 $15	 OLI Annual Pass holder (Annual Pass No. ______________). q	 $20 Add to above tuition if registration received after November 27, 2006.


oPtionaL LunCh at Live seMinar
q $20 Add to above tuition q Vegetarian q Dietary restrictions:_________________________
I am unable to attend. Please send me: $179 Audiotapes and course book or q	$179 Audio CDs and course book $299 Videotapes and course book or q	$299 DVDs and course book $55 Course book only Deduct 50% from order if you are an OLI Annual Pass holder (Pass No. ____________)

ProduCt order

q	 q	 q	 q	

q	 $7.00 Note: Add $7.00 shipping & handling fee to above book and tape orders.

ENCLOSED iS $________________ By:
q	 q	 	
Check payable to Oregon Law Institute (OLI) Credit Card: Acct. # _________________________________________________ 	 q VISA q MasterCard Exp. Date: __________ Signature: ______________________________________ Return this form with payment to: OLI Registrar, Solomon Courthouse 620 S.W. Main St., Suite 706 Portland, OR 97205-3037 …or fax this registration form including credit card information to: (503) 768-6585.

QuEStiONS? Call (503) 768-6580 or (800) 222-8213. Check out our website at www.lclark.edu/org/oli or email us at oli@lclark.edu.

CONfiRMAtiON: Confirmation will be sent via e-mail or fax one week before the program. CANCELLAtiON POLiCy: Tuition minus a $20 handling charge will be refunded if the cancellation request is written and received by Tuesday, November 28, 2006. NEED ASSiStANCE: If you are a person with a disability, please let OLI know in time to make any necessary accommodations for you. tuitiON ASSiStANCE: A limited number of scholarships are available based on financial need. Contact OLI.

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